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Cease and Desist Letter

Discussion in 'BlackHat Lounge' started by onlineworker_007, Oct 24, 2012.

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  1. onlineworker_007

    onlineworker_007 Regular Member

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    HAy guys today i received Cease and Desist Letter From CL i live in pakistan is there any problem they can create for me ???
    shall i reply to there letter or not??

    i will be thankfull for any help
     
  2. worldismine

    worldismine Regular Member

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    No clue. But if they pinpointed you and were pissed enough to mail you all the way in pakistan then you never know.
     
  3. unknownn

    unknownn BANNED BANNED

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    no problem its out of their jurisdiction
     
  4. Endire

    Endire Elite Member Premium Member

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    Onlineworker_007,

    Typically Cease and Desist letters are a warning for a person infringing on some right to stop what they are doing. If you stop then you may not have anything to worry about. I would not operate under the assumption that because of your geographical location that there is nothing they can do to you. While it may be more difficult to enforce laws across borders, it may not be impossible. Naturally you may want to seek advice from an attorney yet with the internet; jurisdictions can mean nothing because of the way data can be transferred regardless of location.

    Here is a case where a website stopped using data from craigslist once they received a letter from them,

    http://mashable.com/2012/06/23/craigslist-padmapper/

    Note that section 4.116 of this document states that intellectual property rights can be enforced anywhere in the world,

    http://www.wipo.int/about-ip/en/iprm/pdf/ch4.pdf

    Hope that helps you,

    Shawn
     
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  5. zebrahat

    zebrahat Elite Member

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    I'm not a lawyer but, an C & D is a "scare letter" warning you they "can" or "may" do something (but not that they necessarily will do anything, which, depending on the case, may be very difficult). It's just an economical way for the sender to verbally put a lean on you to stop doing something. It puts you on notice that they are aware of activity associated with you, and that you are on their radar, usually due to a website or advertising you put up. And it tries to act as a 'fishing expedition' to make you admit to or pay something you don't have to, or which may not even be the case (e.g., if you are from a country which doesn't have intellectual property laws their claims may not apply to you, or be enforceable). Their demands are based on claims until they are established as fact, so you do NOT have to pay, disclose or confirm anything unless you are directed to by a judge.

    In brief, whether you get a lawyer or not, take down your site/current ad (hopefully it was not in your name). If they try to sweat info from you, send them a response email or fax informing them you have ceased the activity, and are willing to supply information or pay them IF they agree to do A, B and C (like, agree to not pursue litigation, settle for $100 or less, that kind of thing). This is a conditional acceptance, and if they don't meet the conditions, then they are the party holding things up, and you don't have to disclose or pay. If they do pursue the matter further, you can then document you agreed to cooperate, but they didn't reciprocate or 'defaulted,' which will deeply weaken their position, if not cause their claims to be outright vacated. So leave it at a standoff, and if you must continue to do the activity, set things up more discreetly next time.
     
    Last edited: Oct 24, 2012
  6. onlineworker_007

    onlineworker_007 Regular Member

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    thank you all of my frnds i was already at the end of this business so i will be quiting it now and focus more on my other IM things ... they didnt ask for any damage fee or anything just to stop doing this work..
    they want a reply from me in 5 business days what you say shall i reply them or not?
     
  7. Duffers5000

    Duffers5000 Elite Member

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    If you reply you are admitting guilt which may be actionable in the future. Just stop what you are doing and leave it at that.
     
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  8. tinakramer

    tinakramer Registered Member

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    What exactly were you doing if you dont mind me asking? Was it using craigslist data on you site or spamming craigslist user with emails etc?
     
  9. unknownn

    unknownn BANNED BANNED

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    Dont waste your time.Craigslist can do nothing against you.You live in Pakistan and there are other laws and Pakistan is an independant country POINT.Else the US would already sued half china for their replicas and dont listen to people here who have no knowledge how law and a civil case is working
     
    Last edited: Oct 24, 2012
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